Resolution 2015-126 RESOLUTION No.2015 - _1 2 6
A RESOLUTION SUPERSEDING RESOLUTION NO.
2014-141, WHICH ESTABLISHED THE COLLIER
AREA TRANSIT (CAT) "ADVERTISING POLICY
AND STANDARDS"AND FEE POLICY.
WHEREAS, the Board of County Commissioners has the authority to approve
the Collier Area Transit(CAT) advertising policy, standards and fee policy; and
WHEREAS, on June 24, 2014, after due consideration and a majority vote, the
Board adopted Resolution 2014-141 establishing the CAT advertising Policy and
Standards and the CAT Fee Policy; and
WHEREAS, to maximize and generate revenues to supplement fares and cover
un-funded operating costs, the County may sell advertising space inside its transit buses
and transit and transfer terminals, subject to the Board's established Advertising Policy
and Standards; and
WHEREAS, it is the public interest to implement terms and conditions and
package rates for the advertising policy; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY THAT:
1. The CAT Advertising Fee Policy as provided for pursuant to Resolution No. 2014-
141 is hereby superseded and replaced as follows:
I. PURPOSE
The purpose of this policy is to establish user fees that will partially offset the
cost of providing services to the taxpayers of Collier County.
II. LIMITATIONS
No Waiving of Fees. The Board of County Commissioners shall set all fees
and charges.No fees may be waived, except as stated herein.
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2. Collier Area Transit (CAT) is hereby authorized to set advertising fees in accordance
with the below schedule:
Type #of Cards Purchased Rate
Terminal Card 1 $150 Per Month, Per Card
Terminal Card 5+ $100 Per Month,Per Card
Interior Bus Card 5— 14 $25 Per Month,Per Card
Interior Bus Card 15+ $20 Per Month, Per Card
Smart Card 50—99 $7 Per Card
Smart Card 100—500 $6 Per Card
Smart Card 500+ $5 Per Card
Type Frequency Rate Per Month
Announcements One time per run per route $500
and every hour at a transfer
facility
Package Offerings:
Diamond Platinum Bronze Silver
Terminal Yes(10) Yes(5) Yes (1) None
Advertising Signs
Interior Bus Yes(23) Yes(23) Yes (23) Yes (23)
Signs
Smart Cards Yes(1000) Yes (500) Yes (500) Yes (500)
(with Company
Logo)
Interior Bus Yes Yes None None
Announcements
Interior Terminal Yes Yes None None
Announcements
Monthly Total $4,952 $3,298 $2,648 $2,528
3. This policy shall be effective July 1, 2015.
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This Resolution adopted this z - day of vh2. , 2015 after motion,
second and majority vote in favor of passage.
ATTEST BOARD OF COUNTY
DWIGHT E. BROCK, CLERK COMMISSIONERS
rr COLLIER COUNTY, FLORIDA
`i eArce__
.•. ‘'
• 4s.By ��►4�. By
:-Deputy Cle ,' . Tim Nance, Chairman
.Attest as tct 's
signature onlyA
Approved as to form and legality:
By: )?/f.�
Scott R. Teach
Deputy County Attorney
Cq
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COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS
I. Purpose/Scope
Collier Area Transit ("CAT") is a public transit system created and operated by the
Collier County Board of County Commissioners for Collier County, Florida ("Collier
County" or the "County"). Collier County owns and operates buses, bus shelters,
intermodal transfer facilities and other properties (collectively referred to as "Transit
Facilities") in conjunction with operating the CAT system. The CAT system is a vital
component of the various public services the County provides within its service area,
The primary purpose of the CAT system is to provide safe and efficient public
transportation.
CAT is funded by a combination of federal, State and local funds, as well as fare box
revenue. It is in the public interest to implement the following advertising policy to
protect the interests and the image of Collier County while maximizing revenues
received from advertisers. The County's fundamental objective in selling advertising
space inside its transit buses and transit and transfer terminals, consistent with this
policy, is to maximize and generate revenues to supplement fares and cover unfunded
operating costs. The County's sale and display of advertising is are not intended to
provide a general public forum for expressive activities or public discourse and debate.
Consistent with the County's proprietary function to operate CAT as a provider of public
transportation, the County retains strict control over the nature of the advertisements
accepted for display in its Transit Facilities and maintains its advertising space as a
limited public forum.
In establishing this policy, the County recognizes the need to protect its property from
advertising that may be deemed inappropriate by members of the community using the
Transit Facilities or those observing advertising while utilizing the transit system. In
order to realize the maximum benefit from the sale of advertising space, the program
must be managed in a manner that will procure as much revenue as practicable, while
ensuring that the advertising does not: (1) discourage the use of the County's transit
system, (2) diminish CAT's reputation in the community it serves, or (3) weaken the
good will of its patrons; while at the same time remaining consistent with the County's
primary goal of providing safe and efficient public transportation. In order to achieve
those objectives, the County has established the following viewpoint neutral policies
regulating advertising displayed in and upon its Transit Facilities so as to foster a
professional advertising environment that maximizes advertising revenue.
This policy is supplemental to the sign requirements in the Collier County Land
Development Code(LDC). If there are conflicting provisions,the LDC will prevail.
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S
1.01 Nonpublic Forum; Commercial/Proprietary Functions. The County will rent
space on its Transit Facilities for limited types of advertising ("Permitted
Advertising"). By allowing limited types of advertising within its buoes, interior
portions of its transit tenninu|x, display areas in the exterior passenger lobby and
as otherwise more specifically provided herein and by providing limited space at no
charge pursuant to this poUny, the County does not intend to create a public forum
for public discourse or expressive ecLivity, or to provide a forum for all types of
advertisements. The display of Permitted Advertising upon payment of rent in
accordance with the County's adopted advertisement rate for designated Transit
Facilities is intended only to supplement fare revenue and other income that funds
the County's transit system.
1.02 Certain Excluded Advertising. The County will not accept for display on its
Transit Facilities the types of advertising defined in Section 2.03 of these policies
and standards ("Prohibited Advertising Maehu|''). By not accepting Prohibited
Advertising Material, the County can:
(a) Maintain a professional advertising environment that maximizes advertising
revenues and minimizes interference or disruption of the commercial aspects
of its transit system;
(b) Maintain an image of neutrality on po|itina|, religious and other
noncommercial and controversial subject matters that are the subject of
public debate and concern;
(c) Protect paoxongem, employees and CAT Transit facilities from harm or
damage that can result from an individual's reactions to po||Uoa|, demoanin0,
disparaging or controversial materials if such restrictions are not in place;
(d) Help build and retain transit ridership; and
(e) Avoid claims of discrimination and maintain a non-discriminatory environment
for transit customers.
1.03 Limits on Permitted Advertising. Placing reasonable limits on Permitted
Advertising displayed on its Transit Facilities will enable CAT to:
(a) Avoid subjecting its passengers and other members of the public to material
that may discourage them from using public transit services;
(b) Maintain an image of professionalism and decorum;
(c) Avoid displaying material that is not suitable for viewing by minors who ride
on CAT's buses; and
(d) Maximize revenues by attracting and maintaining the patronage of
passengers.
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U. Advertising Policies
2.01 Transit Facilities Designated for Advertising. The County will make space
available for Permitted Advertising limited to the following CAT Transit Facilities:
• Interior transit terminal
• Exterior passenger lobby
• Interior bus cards
• Verbal and visual onboard announcements utilizing the intelligent
transportation system equipment
• Verbal and visual announcements at the transfer facility utilizing the
intelligent transportation system equipment ansrnactcard-metha
• Smart card media
The County shall not allow advertisements to be displayed or maintained on those
CAT Transit Facilities if they contain Prohibited Advertising Material as more fully
described below in Section 203.
2.02 Permitted Advertising. Subject to the viewpoint-neutral Prohibited Advertising
Material standards contained in Section 2.03 of this policy, the County will accept
'Permitted Advertising' for display or placement on designated CAT Transit
Facilities. For the purposes of this policy, 'Permitted Advertising" is advertising
that:
(a) Does not include Prohibited Advertising Material as identified in Section 2.03
of this policy and
(b) Generally relates to the economic interests of the advertiser and its audience,
Advertising defined in Section 3.02 also is Permitted Advertising.
2.03 Prohibited Advertising Material. For the purposes of these policies and
otandardo, the advertising described in this Section 2,03 is "Prohibited Advertising
Material." The County shall not accept advertisements for display, posting or
placement within its buses or other Transit Facilities that include the following:
(a) Alcoholic Beverages. Advertisements and images soliciting or promoting the
sale or consumption of alcoholic beverages.
(b) Tobacco Products. Advertisements and images soliciting or promoting the
sale or use of tobacco products inc|uding, but not limited to, oigarotteu, cigars,
smokeless tobacco and other tobacco-related products.
(c) Advertisements about Collier Area Transit. Advertisements and images that
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relate to CAT uerviceo, except public service advertisements provided by CAT
itself.
(d) Religious Advertising. Advertising in which the primary message is one
promoting or opposing religion, particular religions, religious issues, or religious
doctrines; howevmr, advertisements by religious entities promoting a commercial
event or activity, such as a fair are acceptable.
(e) Political and Social Issue Advertising. Advertising in which the primary
message is one promoting or opposing a particular view on political or social
issues and/or advertisements that pmmnto, advocate or oppose a political party,
the election of any candidate or group of candidates for federal, State or local
government dffiomm, or initiatives, referendums or other ballot measures.
(f) False, K«io|neding, Deceptive, Demeaning, Disparaging or Disrespectful
Advertising. Advertising or any material or information in the advertising that is
fa|se, misleading or deceptive, or that is intended to be (or reasonably could be
interpreted as being) disparaging, disreputable or disrespectful to persons, groups,
businesses or organizahonn, including advertising that portrays individuals as
|nh*hor, evil or contemptible because of their race, xu|or, croed, oex, pegnonny,
oge, ne|igion, ancestry, national uhgin, marital wtutun, d|uabiUty, including those
related to pregnancy or ohi\db|rth, or any other characteristic protected under
federal or State law.
(g) Unauthorized Endorw*ment. Advertising that implies or declares that the
County endorses a pmduct, oemiue, point'nf-view, event or program. The
prohibition against endorsement does not apply to advertising for a uomioe, event
or program for which the County is an official oponnor, co-sponsor or participant,
provided the County gives prior approval regarding the endorsement.
(h) Obscene Material or Nudity. Advertising that contains obscene materials,
nudity or that displays sexual conduct or information in a manner that would be
offensive to a reasonably prudent person of average sensitivity in the community.
For purposes of this etandurd, the terms ^obsoonn~ and "nudity" shall have the
meanings contained in Florida Statutes, as may be amended from time to time.
(i) Unlawful Goods or Services. Advertising or any material or information in the
advertising that dopicto, promotes or reasonably appears to encourage the use or
possession of unlawful or illegal goods or services
(j) Unlawful Conduct. Advertising or any material or information in the
advertising that depicts, promotes or reasonably appears to encourage unlawful or
illegal behavior or conduct, including unlawful behavior of a violent or antisocial
nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal;
or is likely to subjec Collier County to liability.
(k) Pornography and goods or services. Advertising that
promotes or businesses that traffic pornography, displays images associated with
adult bookstores, adult video otoneo, nude dance clubs and other adult
entertainment o*iub|iohmenb, adult Internet sites, X'rated. NC-17 or NR rated
movies, escort services and all other adult-oriented goods or services.
(I) Graffiti or gang signs or symbols. Advertising that uses images or symbols
that depict or represent graffiti, gang signs or symbols, or encourage graffiti or
gang signs or symbols, or appear to encourage the unlawful destruction or marking
of property of any sort.
(m) Firearms and Weapons. Advertising that contains images or depictions of
firearms or other weapons.
(n) Internet Addresses and Telephone Numbers. Advertising that directs
viewers to Internet addresses or telephone numbers that contain materials, images
or information that would violate these advertising standards if the mmtoha|u,
images or information were contained in advertising displayed or posted on CAT
Transit Facilities,
(o) Violence. Advertisements that advooa0om, names or contains images or
descriptions of vio|enoo, criminal or anti-social Uehavior, or presents viu|enoa,
crime or an1i'mooial behavior as omUo, entortaining, amusing or 000eptab|e, or
depicts weapons or other implements or devices associated with an act(s) of
violence or harm to a person or animal.
(p) Human Reproduction/Sexuality. Advertisements associated with or which
may be associated with products or services related to human repnoduohon,
aexua|i\y, or sexual stimulation, including but not limited to contraceptive products
or senxcem, other products or services related to sexual hygiene and counseling
with regard to pregnancy, abortion or other sexual matters or entertainment
directed to sexual stimulation.
(q) Video Games. Advertisements that promote or depict video games that are
rated^A^ or"M."
(q) Violation of Law. No advertising shall be displayed if the display thereof
would violate any federal or State law or regulation, or any law, regulation, or
ordinance of the County.
Ill. Other Prohibitions,Allowances and Limitations
3.01 Prohibitions on Literature or Product Distribution and Leafleting. CAT's
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purpose in operating a public transit system is to meet the public's need for
effioiert, effective and safe public transportation. CAT Transit Facilities are not
intended to be public forums for public discourse or expressive activity.
Literature or product distributions, leafleting and similar activities can disrupt or
delay passengers who are boarding and exiting buses and other transit vehicles,
distract pooxangem, distract bus oporatnm, cause maintenance |ouuon, and
otherwise create safety issues for passengers, operators and surrounding traffic.
Aoco/ding|y, distribution of literature, |eaModng, and other informational or activities
are prohibited within CAT Transit buses or other transit vehicles and within CAT
Transit Faui|iheo, except for the provision of leaflets and information provided by
CAT itself that are related to provision of or are for the benefit of transportation-
related public services or public events sponsored by Collier County.
3.02 Other Permitted Advertising and Public Service Announcements. The County
may make advertising space available for advertising proposed by governmental
agencies (examples include: ads informing the public about programs, services or
events). On a limited basis, The County may make unpaid advertising space
available for public service announcements. Costs associated with the design,
production, installation and removal of public service announcements are the
responsibility of the governmental agency requesting the public service
announcement. The advertising and public service announcements permitted
under this section cannot contain displays or messages that qualify as Prohibited
Advertising Material under Section 2,03 and must comply with these advertising
policies and standards. Unless the source of the advertising or public service
announcement is obvious from the content or copy, the advertisement or public
service annnoncement, whether paid or unpaid, must specifically identify the
sponsor of the advertisement or the message.
3.03 Space Availability. The County limits the amount of space on its Transit Facilities
available for advertising and does not represent that it can accommodate all
requests for advertising space. Advertising space will be made available only on
CAT Transit Facilities designated by the County, No udvert|sing, signs and other
types of postings or messages may be displayed, posted or placed on any other
CAT Transit Facilities.
3.04 Artwork. Collier County reserves the right to reject any artwork or design on the
basis of aesthetics or any effect the placement may have on the operations,
maintenance or safety of the County property.
3.05 Reservation of Rights. The County reserves the right to amend these policies
and standards at any time. Subject to any contractual obligations, the County
reserves the right to discontinue advertising on CAT Transit Facilities and
discontinue accepting advertising for display or posting on CAT Transit Facilities
The County reserves the right to limit the availability of advertising space on its
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Transit Facilities and remove advertising that does not comply with these
advertising policies and standards and, subject to any contractual obligations.
Nothing in this policy should be deemed as to provide for a vesting of rights to
remain or place advertisements on Collier Area Transit property. Contracts for the
placement of advertising a property shall contain a provision providing for the
termination of any such contracts for the County's convenience without penalties
to the County Any of the provisions of this policy shall be deemed severable.
3.06 Sponsor Attribution and Contact Information. Any advertising in which the
identity of the sponsor is not readily and unambiguously identifiable must include
the following phrase to identify the sponsor in clearly visible letters (no smaller
than 24 point type):
Paid for by
IV. Advertising Agreements
4.01 Sale of Advertising. The sale of advertising may either be sold directly by the
County or through one or more independent contractors selected in accordance
with the County's competitive procurement procedures. If the County elects to
use an advertising and marketing agency to solicit odvertiu*m, the selected
contractor(s)shall comply with this advertising policy.
4.02 Approval. All advertisers are required to sign an advertising agreement as
approved by the Collier County Board of Commissioners. All agreements will be
reviewed by the County Attorney's Office for form and legality. The agreements
will specify the term, type of advertisement, rate and other applicable clauses,
including but not limited to liability and indemnification.
4.03 Indemnification. All advertisers will indemnify and hold the County harmless
from any and all claims including but not limited to infringement of trademarks,
trade names, oopyhQh\s, invasion of rights for privuoy, defamu0on, illegal
competition or unfair trade practices brought forth as a result of any advertisement
government by this policy.
4.04 Background Check. Advertisers cannot be included on the Federal Excluded
Parties List System <~EPLS~>. the State of Florida's Department of Management
Services Convicted/Suspended/Discriminatory/Compliant vendor |iut, or other
such lists required by the County.
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C)
°
V. Submission of Advertisements and Appeals from Adverse Advertising
Decisions
5.01 Submission of Advertisements. Any and all advertisements must be submitted
to the County's Alternative Transportation--IVImdesFublicT/omsit & Neighborhood
Enhancement -(ATmPI]NE) Department. |fATM-PTNE is using an advertising
and marketing ugenoy, those contractors shall comply with these policies and
review all advertising with reference to them. They shall refer all such advertising
that falls or may fall into any of the categories defined herein to the County's
Public Transit Manager who shall determine whether the proposed advertising will
be accepted. Any advertising and marketing agency hired by the County shall
provide a copy of the proposed advertisement upon receipt to the County's Public
Transit Manager to review the copy and illustrations.
5.02 Initial Reviews. The County's Public Transit Manager will make initial decisions
about accepting or rejecting proposed advertising. The decisions will be based on
these policies and standards. The County's Public Transit /Nanager, or other
designated CAT Transit staff, will work with advertisers to resolve issues about
advertisements that do not comply with these policies and procedures. Possible
resolutions may include modification of the art, copy, or both.
$.03 Appeals to Alternative Modes Tpmnspw*adenPub|io Transit& mwiqhborhopd
Enhoncement (''AzN|PTNE^) Director. An advertiser may appeal a decision to
reject or remove an advertisement by filing a written request with the County's
ATM PINE Director within five (5) business days after the rejection or removal
decision. The advertiser's request shall state why the advertiser disagrees with
the decision in light of the County's advertising policies and standards. The ATM
PTNE Director shall consult with the County Attorney's Office and other
appropriate County staff to review the basis for the rejected or removed
odvart|oemontandw|Uconoidertheadvertioor'oreosonu[urfi\ingtheequeot. Thu
ATkA-ErNE_Dirootor will make a decision on the request and will notify the
advertiser of the decision in writing within ten (10) business days after receiving
the advertiser s appeal The decision of the ATM.PTNE Director shall be final and
conclusive.
VI. Advertisement Specifications, Dimensions and Rates.
6.01 SubmIssion of Advertising-Form.
a. Art files, photos and/or logos must be provided to the County's Public Transit
Manager in a format and resolution deemed acceptable for the type of
advertising being requested.
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41=1/11/
b. Interior transit terminals and bus interior cards must measure exactly 11" tall
and cannot exceed 17" in width. Cards must be printed on a material thick
enough that the card does not fall out of the rack. Advertisers mu 3t arrange
and pay for design and production of cards independently.
c. Written announcement scripts for the ITS equipment must be provided to the
PTM in both English and Spanish, however the PTM reserves the right to
request in any additional language as may be required by the adopted Limited
English Proficiency plan. A Verbal message shall be limited to one minute
recorded length.
d. Smart media cards are limited to 2"X 3". Smart media card printirg shall be
the responsibility of Collier Area Transit. Printing costs for smart media cards
are included in the advertising rates.
6.02 Advertising Rates. The County's rates for Permitted Advertising on CAT
designated CAT Transit Facilities are as follows:
Type r#of cards purchased I Rate per Month per Card
laterior-Terminal Card 1 t $150.00
IRteriac-Terminal Card 5+ i $100.00
Interior Bus Card 5—14 1$25.00
Interior Bus Card 15+ l $20.00
Smart Card 50—99 $7.00
Smart Card 100—500 $6.00
Smart Card , 500+ $5.00
Type Frequency Rate per Month
Announcements One time per run per route $500
and every hour at a transfer
_facility
Package Offerings:
Diamond Platinum Bronze Sliver - t Formatted:Centered j
Terminal Yes(10) Yes(5) Yes(1) tone f formatted:Centered 1
Advertisinq
Skins
Interior Bus Yes(23) Yes,(23) Yesj23) Is(23) t Formatted:Centered
9
(7)
Smart Cards Yes(1004
Yes(50�, Yes tSQt)� Yes{5��} �v �� _ _ j
,{with Company
Logo)
Interior Bus Yes Yes None I None i j Formatted:centered
Announcements
.
Interior Yes Yes None None . - Ikxmatted Centered —1
Terminal
Announcements
Monthly Total $4,952 $3298 $2,648 12:52$ (formatted:ce�+ i._
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C C
o -ter aunty
Public Services Division
Public Transit& Neighborhood Enhancement
t91"16t--
TRANSIT
a COLIMA*REA
Advertising Display Agreement
Collier Area Transit("CAT")
3299 East Tamiami Trail,Suite 103
Naples,FL 34112
239.2523852 Fax 239.252.6755
Agreement Number:
Product: El Bus U Terminal D Other
Advertiser:
Type #of Cards Purchased Posting Date Cost Per Month Total Cost
interior Terminal Card o 1
Interior Bus Card o 5,
Smart Card 0 5-14
O 15+
Announcements 0 50-99
O 100-500
O 500+
One time per run per route
and every hour at it transfer
_ facility
Special Instructions:
This Agreement is entered into on this day of , 201 , between Collier Area Transit ( Collier County" or-cAr) and
(-Client or"Agency/Advertiser"). This Agreement is for a 12 month commitment for each posting, unless
otherwise agreed to in writing by both Parties.
101
amoianowiimovonsseemsewomes,
r417",■,*
ROC Transit&Neighbottxxxi Enhancement•3299 Tamiami Trail E.,Suite 103•Naples,Florida 34112-5746•239-252-5840•FAX 239-252-6628.www.colltergov,net
By signing below,Agency/Advertiser accepts,acknowledges and agrees to be bound by this Agreement and Agreed Terms and Conditions
as contained herein and authorizes CAT to perform the posting advertising display as set forth above.
Agency/Advertiser:
Address:
Print Name: Title:
Signature: —
Telephone#: Fax
E-Mail Address:
Collier Area Transit Representative: Date
Ak.„
city is r County
Public Services Division
Public Transit& Neighborhood Enhancement
cater COWIN
AGREED TERMS AND CONDTTIONS
I.The printing and written provisions of this Agreement contain all of the agreements,conditions and representations made by either party hereto;
and any additions to,alterations of,or changes in this Agreement to be binding,must be made in writing and signed by both parties.
2. If there is more than one Advertiser,the Advertiser shall read as plural,as well as the singular. If there is more than one Advertiser(Agency and
Advertiser), all Advertisers' obligations, responsibilities, and indemnifications under this Agreement are joint and several to include, but not
limited to any outstanding charges or balances on the account.
3. Loss of service due to strike, fire, flood, riot or other causes beyond the control of Collier County shall not constitute a breach of this
Agreement,but in such event Advertiser may be entitled to a pro rata credit for service paid in advance for such loss or an extension of the term of
service equivalent to the service lost,at the sole option of Collier County. It is agreed that no claim resulting from Collier County Transit's failure
to properly execute the display shall be valid unless reported to Collier County Transit's office listed on the front side of this Agreement. In such.
case,CAT will send a representative to the location involved and establish the facts.Credit for loss of service, if any, under this Agreement will
be,based on average daily space cost per display to Advertiser.
4.To the maximum extent permitted by Florida law,the Advertiser shall indemnify and hold harmless Collier County,its officers and employees
from any and all liabilities, including liability for infringement of trademarks,trade names,copyrights, invasion of rights of privacy,defamation,
illegal competition or trade practices, damages, losses and costs, including,but not limited to, reasonable attorneys' fees and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Advertiser for anyone employed or utilized by the
Advertiser in the performance of this Agreement. This indemnification obligation shall not he construed to negate,abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain
to any incident arising from the sole negligence of Collier County.
5. Unless otherwise specifically agreed to by the Advertiser and CAT,each monthly posting is to be considered one month,Further,there then will
be twelve(12)posting periods per each given year.it is understood that weather permitting,posting may commence as early as five(5)days prior
to the posting date stipulated in this Agreement and completed within a period of five(5)working days after such posting date,upon written notice
to Advertiser.
6.CAT reserves the right to refuse to post any advertisement for which the copy was not previously submitted to CAT for approval in compliance
with the Collier County Board of County Commissioners' approved Collier Area Transit Advertising Policy and Standards. In such a;case, the
Advertiser will still be responsible for space costs set forth in this Agreement.
7. Invoices will be rendered monthly in advance dating from commencement date of this Agreement and Advertiser agrees to make payment net in
advance upon receipt of invoice. Default shalt he deemed to occur whenever any monthly invoice shall be unpaid for thirty (30) days. CAT
reserves the right to cancel this Agreement at any time upon default by the Advertiser in payment,or other breach,or in the event of any material
violation on the part of the Advertiser of any conditions or obligations set forth in this Agreement,and upon such cancellation all advertising done
hereunder, including short-term rates or other charges under this Agreement,which remains unpaid, shall become immediately due and payable.
Upon the Advertiser's breach of this Agreement,CAT may,at its option,be discharged front any obligation to further display the Advertiser's copy
and may terminate immediately this Agreement and, in the event of demand,action,claim or suit for the collection of unpaid accounts,all cost of
suits,including reasonable attorney's fees, may be added to the monies owed.The Advertiser agrees to pay for the advertising service covered by
this Agreement and agrees to be liable for Agreement, CAT payment thereof, including reasonable expenses for collection, attorney's fees and
court costs. Waiver by CAT of any specific breach or breaches of this Agreement by the Advertiser shall not prejudice the right of CAT hereunder
with respect to any breach or breaches not specifically waived by CAT. if there is more than one Advertiser,then CAT shall hold each Advertiser
liable in the event of any default of payment. Should any of the parties become bankrupt or be delinquent in payment, CAT may proceed
hereunder against Advertiser(if there is more than one Advertiser,then both or any one of the Advertisers), without relieving either party of its
liabilities to Collier Area Transit("CAT").
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Pubte Transt&Neghoorbood Enhancement•3299 Tamiami Trail E.,Suite 103•Naples,Florida 34112.5746.239-252.5840•FAX 239-252-6628•www.colttergov.net
8.CAT will,from time to time,at intervals following commencement of service,bill Adveniser at the address on the face hereof.Advertiser shall
pay CAT each month on or before the billing due date at the address listed on the invoice. If the Advertiser fails to pay any charges within thirty
(30) days from the date payment is due, a finance charge of 1.5%per month (being an annual percentage rate of 18%) will be applied until
payment is made. if sums due under this Agreement are not timely paid,CAT may terminate this Agreement. CAT reserves the right to resell the
contracted locations upon termination of this Agreement.CAT will charge$25.00 for returned checks.
9. If during the term of this Agreement,any federal,state or municipal taxes are imposed upon outdoor advertising affecting this Agreement,the
undersigned agrees to pay the amount of such taxes in addition to the amount above specified or,in the event of electing not to pay such taxes,the
undersigned agrees that CAT shall have the right to terminate this Agreement,
10.It is expressly agreed that CAT shall not be held liable for loss or damage on account of delays due to strikes.tires,governmental or municipal
laws,rules or regulations,or acts of providence,nor for inability to secure specified materials,or to maintain said displays or any part thereof by
reason of any regulation heretofore or hereafter enacted by the federal,state or municipal government,or any rules or regulations made by any
department of the federal,state,or municipal government,or for other cause.
i 1.The Advertiser may cancel this Agreement with a thirty(30)day written notice to CAT.CAT reserves the right to charge a fee equal to two(2)
months of the posting cost for early termination of this Agreement after CAT is notified of cancellation.
12.Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought
in the appropriate federal or state courts for Collier County,Florida,which courts have sole and exclusive jurisdiction on all such matters,
13.This Agreement and the Agreed Terms and Conditions shall constitute the entire Agreement between CAT and Advertiser. If any provision of
this Agreement,or any portion thereof is held to be invalid and unenforceable,then the remainder of this Agreement shall nevertheless remain in
full force and effect.
14. 'Ilse display of an advertisement on a specific bus route is subject to operational requirements, including but not limited to routine
maintenance,required repairs,emergency transportation needs,and is solely determined at the discretion of CAT.CA'f will make every effort to
return the equipment to the assigned route as quickly as possible. lithe equipment remains out of service for more than five(5)consecutive days,
Advertiser may be entitled to a pro rata credit for services paid in advance,or an extension of the term of service equivalent to the service lost,at
the option of Collier County.
15, This Agreement term is for a twelve(12)month period commencing on the date entered into by the Parties.CAT may at its discretion and
with the consent of the Advertiser,renew the Agreement under all of the terms and conditions,and CAT reserves its right to increase advertising
rates.CAT shall give the Advertiser written notice of CAT's intention to renew the Agreement term, including any increase in advertising rates,
not less than ten(10)days prior to the end of the Agreement term then in effect,
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